A 1031 exchange, named after Section 1031 of the Internal Revenue Code, allows investors to defer capital gains taxes on the exchange of like-kind properties held for productive use in a trade or business or for investment.

To qualify for a 1031 exchange, several key criteria must be met:

1. Like-Kind Property: The properties involved in the exchange must be of like-kind. This means they must be of the same nature or character, even if they differ in grade or quality. For real estate, this is broadly interpreted, so most real estate properties are considered like-kind to each other. For example, you can exchange an apartment building for a commercial office space, or a piece of raw land for a rental property.
2. Investment or Business Use: Both the relinquished property (the property you are selling) and the replacement property (the property you are buying) must be held for investment or used in a trade or business. Personal residences do not qualify for a 1031 exchange.
3. Use of a Qualified Intermediary: To successfully complete a 1031 exchange, you must use a qualified intermediary (QI) to facilitate the transaction. The QI holds the proceeds from the sale of the relinquished property and uses them to purchase the replacement property. At Deferred.com, we offer qualified intermediary services to ensure your exchange is handled smoothly and in compliance with IRS regulations. Our "No Fee Exchange" can save you money, making the process even more beneficial.
4. Identification and Timing Requirements: The replacement property must be identified within 45 days of the sale of the relinquished property, and the purchase must be completed within 180 days. These strict timelines are crucial to maintaining the tax-deferred status of the exchange.
5. Equal or Greater Value: To fully defer capital gains taxes, the replacement property must be of equal or greater value than the relinquished property. Additionally, all proceeds from the sale must be reinvested in the replacement property. Any cash or non-like-kind property received in the exchange is considered "boot" and may be subject to taxation.

Example: Let's say you own a rental property valued at $500,000 with a mortgage of $200,000. You decide to sell this property and purchase a commercial building worth $600,000. You engage Deferred.com as your qualified intermediary to facilitate the exchange.

• You sell your rental property for $500,000. After paying off the $200,000 mortgage, you have $300,000 in proceeds.
• Deferred.com holds these proceeds and helps you identify a suitable replacement property within 45 days.
• You find a commercial building for $600,000 and complete the purchase within 180 days.
• You use the $300,000 proceeds as a down payment and secure a new mortgage for the remaining $300,000.

By following these steps and using Deferred.com as your QI, you successfully defer capital gains taxes on the sale of your rental property, as all proceeds are reinvested in a like-kind property of equal or greater value. This allows you to leverage your investment and continue growing your real estate portfolio without the immediate tax burden.